Law on H-1B visas in US Congress

Legislation to end allure of cheap foreign labour 4:

Washington,

Three Republican US lawmakers have introduced a legislation in Congress to bar American employers from hiring H-1B workers, who are mostly highlyskilled Indian IT professionals, if they have recently, or plan to fire their local workers, seeking to put an end to the allure of cheap foreign labour.

Introduced in the House of Representatives by Republican congressmen Mo Brooks, Matt Gaetz and Lance Gooden, the American Jobs First Act proposes to overhaul the

H-1B visa programme by making necessary changes in the Immigration and Nationality Act.

The H-1B visa, most-sought after among Indian IT professionals, is a non-immigrant visa that allows US companies to employ foreign workers in speciality occupations that require theoretical or technical expertise.

Technology companies depend on it to hire tens of thousands of employees each year from countries like India and China.

According to its text released on Wednesday, a foreign guest worker may not be admitted or provided status as an H-1B non-immigrant in an occupational classification unless the petitioner employer has filed with the Secretary of Labour an application stating the employer is offering an annual wage to the

H-1B non-immigrant that is the greater of the annual wage paid to the US citizen or lawful permanent resident employee who did identical or similar work during the two years before the petitioner employer filed such application;

or $110.

The petitioner employer also needs to file with the Secretary of Labour an application stating the employer will not require an H-1B non-immigrant to pay a penalty for ceasing employment with the petitioner employer before the date agreed to by the H-1B non-immigrant and the petitioner employer.

The bill referred to the Committee on the Judiciary, and in addition to the Committee on Education and Labour among other things suspends the F-1 Optional Practical Training programme, which grants all foreign students extendable work permits and exacerbates job market competition among American graduates.

It ends the diversity visa lottery programme, which the lawmakers alleged fails to serve US interests by issuing 50,000 green cards to foreigners from around the world regardless of their qualifications. Given that the Democrats have a majority in the House of Representatives, the bill has little chance to be passed. “My American Jobs First Act will bring much needed reform and oversight to the H-1B visa programme to ensure that US workers are no longer disadvantaged in their own country. To end the allure of cheap foreign labour, the bill will require employers to pay any H-1B workers a minimum amount of $110,000,” Congressman Brooks said.